교통사고처리특례법위반(치사)
Defendant shall be punished by imprisonment without prison labor for one year.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
The Defendant is a person engaged in driving C220d automobiles.
On June 21, 2017, the Defendant driven the said car at a speed of 100 to 105 km from Yongcheon to Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-do, Seoyang-do, Seoyang-do, Seoyang-gu, Seoyang-do.
In such cases, the driver has a duty of care to observe the speed limit, to live well on the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty of operation of the motor vehicle.
Nevertheless, the Defendant, at a speed limit, proceeded at a speed of 100 to 105 km per hour at a speed of 70 km, and neglected the duty of the front week, and the Defendant, due to the negligence of neglecting the duty of the front time, conflict with the victim D(27) who was crossing the road from the right side to the left side of the road.
Ultimately, the Defendant caused the death of the victim at the Young-gu University Hospital located in 170, Nam-gu, Daegu-gu, 11:48, on June 22, 2017, due to the foregoing negligence, due to brain injury.
Summary of Evidence
1. Statement by the defendant in court;
1. The actual survey report, the investigation report (as to the attachment ofCCTV images), the investigation report (as to the attachment of the traffic accident analysis report), and each traffic accident analysis report;
1. Application of Acts and subordinate statutes of a death certificate;
1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act on orders to provide community service and attend lectures;
1. Where there is a substantial negligence on the occurrence of traffic accidents or expansion of damage to the injured party in the basic area (from April to one year) (special mitigation) of the types of general traffic accidents (the scope of recommending punishment).
2. The following circumstances and the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, etc. are discussed.